
He could just as easily argue he was forced to give the password under duress and accidentally gave them the wrong password.
It’s not really a case of duress. Legal searches are also done under duress, and you can’t just argue to a judge “well I got nervous and shredded the documents”.
What it really boils down to is whether border agents can search a phone without a warrant on entry, or whether the search was illegal. As part of it, they also need to decide whether a person has their Miranda rights during entry to a country. The answer, in my opinion, should be obvious (the alternative is you have no rights on entry), but with the current courts, who knows what they’ll decide.
Also highly illegal.
This is where the question about Miranda rights comes in, and whether the question of whether the constitution grants rights during entry comes in as well. If you have no rights, then it can be argued you have no right to demand a lawyer either.
This. A charge isn’t a conviction, though.
Plausable deniability might help you here as long as you can think of a valid reason why you had that code on the note. It could be as simple as “this is the code I needed to remember for this one game” or something too. As long as you don’t tell them that the note contains the code to your phone, you can pretend the note contains a code of some other value instead later on and let them shoot themselves in the foot.
As a general rule, most lawyers would tell you if you are under arrest to say nothing more than what you are required to by law. Since this is at a border, it gets weird, but that’s what makes this case unusual as well. Under normal circumstances, they might seize the phone as evidence, but saying nothing might result in them wiping the device themselves before they ever get a warrant for the passcode.